Article 151(4) of the QSO: Shielding the Dignity of Rape Victims
Legal Protection Overview: Article 151(4) of the Qanun-e-Shahadat Order (QSO) 1984 prohibits counsel from questioning a rape victim about her alleged 'general immoral character' during cross-examination.
The Legal and Ethical Rationale
" "References to a victim’s supposed moral history are irrelevant to the specific offense. Permitting such questioning would compound trauma and erode confidence in the judicial system."
In 2021 PCRLJ 205 and PLJ 2021 SC (CR.C) 128, the courts reiterated that the credibility of a victim cannot be undermined by insinuations about her past conduct unrelated to the incident under trial. The Supreme Court emphasized that the focus of trial must remain on the evidence concerning the alleged act itself, not on conjectures or societal biases against the victim. Any attempt in this regard is considered irrelevant, inadmissible, and contrary to the protective purpose of the law. It reaffirms the judiciary’s commitment to dignity, respect, and justice for victims of sexual offenses.
Recent Jurisprudence
In 2021 PCRLJ 205 and PLJ 2021 SC (CR.C) 128, the courts reiterated that the focus must remain on the evidence of the alleged act, not societal biases or past conduct.
Conclusion
The bar under Article 151(4) is absolute. It strengthens the prosecutorial process by ensuring trials are conducted on merit, reaffirming the judiciary’s commitment to dignity and justice.
Frequently Asked Questions
Question: Is it legal for a defence lawyer to attack the moral character of a rape victim?
Answer: No. Article 151(4) of the QSO strictly prohibits cross-examination regarding a victim's general moral character or promiscuity.